58Use of vessel in breach of defective vessel label

58 Use of vessel in breach of defective vessel label

58 Use of vessel in breach of defective vessel label

(1) An authorised marine officer who issues a defective vessel notice for a vessel may also affix a defective vessel label in a conspicuous position on some part of the vessel.

(2) A defective vessel label must be in the form approved by—

(a) the EPA, or

(b) the authority or body whose officers or employees are authorised by this part to issue or affix the label.

(3) A defective vessel label must include the following particulars—

(a) the defect on the basis of which the defective vessel notice was issued,

(b) the date, if any, after which the vessel must not be used if the defect has not been remedied,

(c) other particulars as the EPA may require.

(4) An authorised marine officer who withdraws a defective vessel notice for a vessel must also remove, or direct the removal of, the defective vessel label from the vessel.

(5) A person must not remove, obscure or deface a defective vessel label affixed to a vessel under this section unless the person is an authorised officer or is acting under the direction of an authorised officer.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.

(6) A person must not cause or permit a vessel to be used if the person knows, or ought reasonably to know, a defective vessel label affixed to the vessel under this section has been removed, obscured or defaced in contravention of subsection (5).

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.

(7) A person is not guilty of an offence under this section if the vessel is being taken directly—

(a) to a place where repairs or other work required to remedy the defect are to be carried out, or

(b) to a place where an authorised marine officer may inspect or test the vessel, or